Nurse testifies Longmont attempted murder suspect asked if he was a 'monster'

Boulder District judge weighs what statements jurors will hear in Jonathan Shank case

By Pierrette J. Shields

Times-Call staff writer

Posted:
02/07/2014 09:00:35 AM MST

Updated:
02/07/2014 09:01:42 AM MST

Within a day of suffering multiple gunshot wounds during a shootout with a Longmont police officer, a Longmont man woke in a hospital bed and tried to communicate with a nurse and others, according to testimony in Boulder District Court on Thursday.

Boulder District Judge Patrick Butler is weighing whether Jonathan Shank's scribbles on a piece of paper and gestures to a nurse and detective can be presented to a jury when his attempted first-degree murder case is heard. The trial is scheduled for April.

According to reports, Longmont Police Officer Brent Cairns pulled over the Subaru that Jonathan Shank was driving just after 2 a.m. last May 22 because the vehicle's headlights were off. Jonathan Shank stopped in the parking lot of the Best Buy on Ken Pratt Boulevard east of Main Street and got out of the car holding an AR-15 rifle, according to police reports.

Shank

Investigators determined that Shank manipulated the rifle as though he would shoot it and Cairns fired on him with a Glock. The two exchanged gunfire in the lot with Cairns using his patrol car for cover. Shank suffered three gunshot wounds and Cairns was unhurt.

Shank was taken to Denver Health Medical Center that morning for treatment. According to testimony he woke at about 2:45 a.m. on May 23.

Denver Health intensive care unit nurse Meghan Malecki testified that he was shackled to a bed and a guard sat in his room to make sure he could not leave.

"I had gone in to just do basic care and was talking to him and he indicated later in the night that he wanted to say something, but he was intubated," she said.

She said she provided him a pen and paper and he asked where he was.

"We are honest with our patients," she said. "He was shot. He was in the ICU at Denver Health."

She said he scribbled again.

"He asked if anyone else was hurt. I responded he was the only injury," she testified. "He asked if he was a monster. I said no."

She didn't ask him about the "monster" inquiry.

"I assumed he was talking about the actions, his actions," she said.

Malecki also testified that he wanted to know if he was going to jail and she told him he would have to talk to police about that. She later testified she had informed him he was arrested and that there was a guard in the room.

Police did not formally arrest him at that time.

Boulder County Detective Mark Spurgeon testified he tried to speak with Shank a few hours later and confirmed with the nurse that his medications would allow him to understand. Malecki testified that the combination of medications would allow him to understand communications in the moment, but that he may not recall conversations later. Spurgeon said he read Shank his rights and had him sign an acknowledgment of the rights.

Spurgeon said Shank could nod his head to indicate a yes or shake his head for a no. He said Shanks wrote questions about whether he was going to die or be in trouble, but eventually asked for the detective to come back later.

Butler will have to determine whether his scribbles to the nurse and detective will be admissible at trial.

New coordinator pushes Buffs to work, play at level he expectsJim Leavitt has discovered this much about his new defense at Colorado: He has some talent with which to work, but his players need to put it in another gear. Full Story

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